Parish v. Gear
Wisconsin Supreme Court
APPEAL from tbe District Court for Iowa County. Parish filed a bill in equity against Q-ear in the Iowa district court, alleging: That in April, 1886, Gear called on him for a settlement of his account,* and produced his books, which showed an indebtedness on the part of Parish of $3,700, and it was agreed that Parish should secure this sum by a mortgage on sundry tracts of land in Iowa county, payable in four months.
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APPEAL from tbe District Court for Iowa County. Parish filed a bill in equity against Q-ear in the Iowa district court, alleging: That in April, 1886, Gear called on him for a settlement of his account,* and produced his books, which showed an indebtedness on the part of Parish of $3,700, and it was agreed that Parish should secure this sum by a mortgage on sundry tracts of land in Iowa county, payable in four months. After this was agreed upon, Gear stated that there were some other demands for brick and freights that were not taken into the account, which amounted to about $300, making in…
1DissentMilleb, J.
(dissenting.) When I cannot agree with my brethren, I feel it incumbent upon me, particularly in cases so important as tMs, to give the reasons for my dissent.
It seems from the evidence that there had been running accounts between these parties for some time, and that Parish became indebted to Gear for various matters, including liabilities to a large amount. In May, 1836, the parties, according the deposition of William S. Hamilton, met to close up their business, and a mortgage was given by Parish to Gear for $4,200, the amount then supposed to be claimed and due. The witness states that at…
2Cases cited5 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Clark's Executors v. CarringtonSupreme Court of the United States · 1813
- Kalbach ex rel. Reber v. FisherSupreme Court of Pennsylvania · 1829
- Medford v. DorseyU.S. Circuit Court for the District of Pennsylvania · 1810
- Hezekiah H. Gear v. Thomas J. ParishSupreme Court of the United States · 1847